The Fifth Circuit granted the appeal of a lawful permanent resident who missed his court hearing, but who later filed a motion to reopen alleging that he never received a hearing notice. He also indicated that as soon as ICE came looking for him at his sister's home, he hired a lawyer to investigate if something was wrong with his immigration status, and he provided a change of address form with his motion to reopen. The Fifth Circuit faulted the agency for failing to consider the diligence he showed in obtaining counsel and in filing a change of address form when he moved to reopen his proceedings.
The full text of Torres Hernandez v. Lynch can be found here:
http://www.ca5.uscourts.gov/opinions/pub/15/15-60116-CV0.pdf